kidnapping definitions

Question 1

Unlawfully

Answer 1

Without lawful justification, or excuse.

Question 2

Takes Away or Detains

(R v Crosson)

Answer 2

R V CROSSAN

Taking away and detaining are separate and distinct offences.

The first consists of taking the victim away, the second of detaining them.

Question 3

Takes Away

Answer 3

Physically removed from one place to another.

R V WELLARD

The essence of the offence of kidnapping is the “deprivation of liberty coupled with carrying away from the place where the victim wants to be”.

Question 4

Detains (case law)

Answer 4

R V PRYCE

Detaining is an active concept meaning to “keep in confinement or custody”. This is contrasted to the passive concept of “harbouring” or mere failure to hand over.

Question 5

Consent

Answer 5

R V COX

Consent must be full, voluntary, free and informed . . . freely and voluntarily given by a person in a position to form a rational judgement.

Question 6

To obtain consent by fraud

Answer 6

Deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions.

Question 7

To obtain consent by duress

Answer 7

Acquiesce to an offender’s demands based on fear of the consequences if they refuse.

Duress may arise from the actual or implied threat of force to the victim or another person, but can also include other forms of pressure or coercion.

Question 8

Marry

Answer 8

Engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.

Question 9

Sexual Connection

Answer 9

a) connection effected by the introduction into the genitalia or anus of one person (otherwise than for genuine medical purposes) of
- a part of the body of another person
- an object manipulated by another person
b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus
c) the continuation of connection in a kind described

Question 10

Ransom

Answer 10

A sum of money demanded or paid for the release of a person being held captive.

Question 11

Confined

Answer 11

Restricting their movements to within a geographical area but also means curtailing their activity and exercising control and influence over them.

Question 12

Imprisoned

Answer 12

To put or confine a person as if they are in prison. This has a narrower meaning than ‘confine’.